Curious about how long a divorce takes, what your financial rights are, or whether there are alternatives to divorce?
Our Family Law Associate Solicitor Charley Kelly answers the ten most frequently asked questions about divorce, separation and finances, offering clear, practical guidance to help you understand your rights and options.
Whether you're just starting to explore your next steps or are already navigating the process, this guide will help you feel more informed and prepared for what lies ahead.
1. How long do I need to be married before I can get a divorce?
You must be married for at least one year before applying for a divorce in England and Wales. Your marriage must also be legally valid under the law in England and Wales.
2. How long does a divorce take?
The divorce process follows a set court timetable:
- 14 days for the other party to respond after the application is issued
- 20-week reflection period before applying for the Conditional Order (this is the first stage of the divorce where the court confirms that you're entitled to a divorce)
- 6 weeks and 1 day after the Conditional Order to apply for the Final Order (this is the legal document that officially ends the marriage)
Only once the Final Order is granted is your marriage legally ended. It's wise to seek legal advice on financial matters before finalising your divorce.
3. What paperwork do I need, and what if I've lost my marriage certificate?
You'll need your original or certified copy of your marriage certificate. If you've lost it, you can order a replacement from the GOV.UK website.
4. What are my options if I don't want a divorce?
You might consider:
- A Separation Agreement to outline living and financial arrangements like where each party will live and how bills will be paid and assets divided. Advice should be sought in relation to this and whether it could be challenged on divorce or form the basis of a final financial agreement
- Judicial Separation, which legally recognises your separation without ending the marriage
- Nullity proceedings, if the marriage is void or voidable
5. Can I separate our finances without divorcing?
Not fully. To obtain a financial order, you must be in divorce proceedings and have obtained the Conditional Order. Only a sealed clean break order can fully sever financial ties.
6. When can I remarry after divorce?
You can remarry once the Final Order is granted. However, if you haven't resolved financial matters, seek legal advice first to avoid the "remarriage trap", which could limit your ability to make financial claims.
7. What is a pre-nuptial agreement, and should I get one?
A pre-nuptial agreement outlines how assets have been agreed to be divided if the marriage unfortunately ends. It's especially useful if:
- you have significant personal assets
- you own a business
- you expect to receive an inheritance
It should be signed at least 28 days before the wedding. If not, a post-nuptial agreement can be made after marriage.
8. What is a cohabitation agreement?
If you're moving in with a partner (or friend), a cohabitation agreement can clarify:
- who pays bills
- how property is owned
- what happens if you no longer wish to live together or separate
It's a smart way to protect your interests and avoid disputes later.
9. What am I financially entitled to in a divorce?
The starting point is a 50/50 split, but each case will be fact specific, and the court will consider:
- children's needs;
- housing needs;
- length of the marriage;
- age and health of the parties;
- each party's income and earning potential;
- lifestyle during the marriage
Every case is unique, so tailored financial legal advice is essential.
10. What happens to the house if we have children?
The court prioritises the children's needs. Options include:
- selling the home and dividing proceeds
- one party buying out the other
- deferred sale until children reach a certain age
Mediation or solicitor-led negotiation can help reach an agreement. Independent financial and legal advice is strongly recommended.
Every family situation is different. If you're facing separation or divorce, speaking to a qualified solicitor can help you make informed decisions and protect your future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
